There is no President-elect for now – LP’s Baba-Ahmed tells Buhari, CJN not to swear-in Tinubu

The Vice-Presidential candidate of the Labour Party (LP), Datti Baba-Ahmed has urged President Muhammadu Buhari not to hold the swearing-in of the President-elect, Bola Tinubu, on May 29.

Tinubu, the flagbearer of the All Progressives Congress (APC), was declared the winner of the presidential election on March 1 by the Independent National Electoral Commission (INEC).

Tinubu, the candidate of the All Progressives Congress (APC), scored 8,794,726 votes and secured the 25 percent threshold of total votes in 30 states of the federation but failed to have the threshold in votes cast in the federal capital territory (FCT).

Section 134 (2) of the 1999 constitution says: “A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

The declaration of Tinubu as the President-elect despite not getting 25 percent of the votes cast in FCT has continued to generate debates.

Baba-Ahmed, speaking on Channels Television’s Politics Today on Wednesday, argued that the APC failed to meet the requirements of Section 134 (2)(a) and (b) of the Nigerian constitution for election into the office of the President. He further said swearing in Tinubu as president is “ending democracy” and a clear violation “Section 134 stipulates who should be declared and issued a certificate of return. It is only that candidate that has scored the highest number of votes and at least 25 percent each in at least two-thirds of the states of the federation and the FCT,” he said.

“Now, it is very clear that Tinubu does not have 25 percent in the FCT, we denied him. We got 61 percent. Atiku does not have 25 percent in the FCT. We denied both of them.“

“By clear and unambiguous provisions of the Nigerian constitution, which must not be breached, Tinubu has not satisfied the requirement to be declared President-elect. Accordingly, there is no President-elect for Nigeria now. Because the declared one violates the constitution of the Federal Republic of Nigeria and I know what I’m saying.“

“Swearing in a ticket that has not met the constitutional requirement is ending democracy. That is indeed the correct interpretation. You cannot swear in people who have not met the constitutional requirement. if you do it, you have done something unlawful and unconstitutional.“

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Addressing Buhari and the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, Baba-Ahmed said:

“Mr President, do not hold that inauguration. CJN, your lordship, do not participate in unconstitutionality. It is extreme and I’m saying it. It was more extreme for Yakubu to issue that certificate. It was reckless.”